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Corpus Linguistics And The Original Meaning Of The Sixth Amendment, Wesley White

BYU Law Review

The Sixth Amendment guarantees the right of an accused to have the assistance of counsel in a criminal prosecution. Put simply, under the U.S. Supreme Court’s current framework, an accused does not enjoy this right until the government has brought a formal charge. Thus, an accused who engages in plea bargaining before being formally charged is not guaranteed the Sixth Amendment right to counsel. Many critics of this framework focus on the purpose of the Sixth Amendment to argue that the right to counsel should be guaranteed in pre-charge plea bargaining. Others point to policy concerns.

This Note is among …

Matthew Barlow V. Raymond Hour : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Coral Sanchez, District Court No. 170900003

Benjamin S. Ruesch Tony G. Jones Travis Dunsmoor Jeannette Barney RUESCH & REEVE, PLLC Counsel for Appellee

Jeffrey T. Colemere (8527) COLEMERE GIBBS, PLLC Tamara J. Hauge (4334) SMART, SCHOFIELD, SHORTER PC Emily Adams (14937) THE APPELLATE GROUP Counsel for Appellant

State Of Utah V. Lowery : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a conviction for failing to respond to an officer’s signal to stop , a third degree felony , in the Third Judicial District, Salt Lake County, the Honorable William Kendall presiding

EMILY ADAMS RACHEL PHILLIPS AINSCOUGH The Appellate Group Counsel for Appellant

REBECCA BARKER (19445) Assistant Solicitor General SEAN D. REYES (7969) Utah Attorney General CURTIS TUTTLE TEGAN TROUTNER Salt Lake County District Attorney’s Office Counsel for Appellee

Trishna Paulson, Petitioner/ Appellant V. Christopher Paulson, Respondent/ Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fourth Judicial District Court, Honorable Christine Johnson, District Court No. 184400701

Rodney Parker, Attorney for Appellant Christopher Paulson

Julie J. Nelson, Aaron Harris, Attorneys for Appellee Trishna Paulson

Clark Memorandum: Fall 2024, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• No Room for Compromise: Religious Polarization in the United States
• A Banking Lawyer’s Perspective on the Kirtland Safety Society Anti-Banking Company
• Hope in Dark Times
• Becoming a Master of Your Thoughts

Aslan Lomsandize V. Mekhti Musayev, Defendants/Appellants. Appellate No. 20231113 : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Honorable Failed To Disqualify

Mr. Aslan Lomsandize, Appellee

DAVID DRAKE, USB # 0911 DAVID DRAKE, P.C Attorneys for Appellant Mekhti Musayev

James Moyle V. Brianna Moyle : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appellant’s Reply Brief and Response to Appellee’s Cross-Appeal Appeal from ruling of the Honorable Judge Jennifer Mabey of the Fourth Judicial District in and for Wasatch County as to a Petition for Divorce under U.C.A. § 30-3-1, et. seq.

Brody N. Miles Grant Dickinson Moody Brown Law Attorney for James Moyle

Sarah Jenkins Dewey Bart Johnsen Hannah Ector Parsons Behle & Latimer Attorneys for Brianna Moyle

State Of Utah, Plaintiff And Appellee V. Jessica Buck, Defendant And Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a sentence, judgment, and commitment issued on August 28, 2023, in the Seventh Judicial District, Carbon County, the Honorable Jeremiah Humes presiding K.

K. ANDREW FITZGERALD, Counsel for Appellant

CHRISTIAN B. BRYNER, DOMINIQUE KIAHTIPES, Counsel for Appellee

James K. Moyle Petitioner/ Appellant V. Brianna Moyle Respondent/ Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from ruling of the Honorable Judge Jennifer Mabey of the Fourth Judicial District in and for Wasatch County as to a Petition for Divorce under U.C.A. § 30-3-1, et. seq

Brody N. Miles, Grant Dickinson, Attorney for James Moyle Appellant

Sarah Jenkins Dewey, Bart Johnsen, Hannah Ector, Attorneys for Brianna Moyle Appellee

Bonnie Peragallo V. W&T Holdings And Jason Laursen : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE FIRST JUDICIAL DISTRICT COURT FOR CACHE COUNTY, STATE OF UTAH HONORABLE SPENCER WALSH

ROBERT JANICKI MATTHEW JONES STRONG AND HANNI Counsel for Appellee

PETER R. MIFFLIN – 12595 ROBERT J. DEBRY & ASSOCIATES Counsel for Appellant

State Of Utah, Plaintiff/Appellee V. Debra Kay Youren, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from convictions for one count of exploitation of a vulnerable adult and one count of theft, both second-degree felonies, in the Fourth Judicial District, Juab County, the Honorable Anthony L. Howell presiding

ANN M. TALIAFERRO Brown Bradshaw & Moffat Counsel for Appellant

WILLIAM M. HAINS (13724) Assistant Solicitor General SEAN D. REYES (7969) Utah Attorney General Counsel for Appellee

Clark V. Clark : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a Judgment of the Fifth Judicial District Court in and for Iron County, State of Utah, Hon. Matthew L. Bell presiding. APPELLEE’S RESPONSIVE BRIEF

Brett W. Hastings [15442] HASTINGS|SMOAK Wells Fargo Center Attorneys for Appellees

Frank D. Mylar [5116] MYLAR LAW, P.C. Attorney for Appellants

Bonnie Peragallo V. W&T Holdings And Jason Laursen : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal From the First Judicial District Court, Cache County, State of Utah The Honorable Judge Spencer Walsh

Peter R. Mifflin (#12595) ROBERT J. DEBRY & ASSOCIATES Attorney for Plaintiff/Appellant

Robert L. Janicki (#5493) Matthew A. Jones (#15792) STRONG & HANNI Attorneys for Defendant/Appellee W&T Holdings, LLC

State Of Utah V. Bridgewaters : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a jury trial conviction of manslaughter, a second degree felony; and tampering with a witness, a third degree felony, in the Third Judicial District, Salt Lake County, the Honorable Douglas Hogan presiding

ROBERT DENNY Salt Lake Legal Defenders Counsel for Appellant

LINDSEY WHEELER (14519) Assistant Solicitor General SEAN D. REYES (7969) Utah Attorney General BRADFORD COOLEY Salt Lake District Attorney's Office Counsel for Appellee

Al-Imari V. Udot : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Attorneys for Appellants and Plaintiffs Brad H. Bearnson (#3633) Waynam M. Stodar (#16650) BEARNSON & CALDWELL, LLC

Attorneys for Appellee and Defendant UDOT Joseph E. Minnock Anna Nelson MORGAN, MINNOCK, RICE & MINER, L.C. Attorneys for Appelle and Defendant Staker George W. Burbidge II W. Kevin Tanner CHRISTENSEN & JENSEN, P.C.

Rosser V. Elite Craft Homes : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the Second Judicial District Court, Weber County The Honorable Craig Hall District Court No. 220903070 APPELLEES’ BRIEF

Peter H. Barlow (7808) Axel Trumbo (14816) STRONG & HANNI Counsel for Appellees

James Mortensen V. Labor Commission, Quality Pool & Spa : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE LABOR COMMISSION OF UTAH

Jaceson Maughan/Christopher Hill Utah Labor Commissioner Labor Commission of Utah CODY G. KESLER RICHARDS BRANDT MILLER NELSON Attorneys for Appellees

Loren M. Lambert, No. 5101 Attorney for Appellant ARROW LEGAL SOLUTIONS GROUP, PC

Glenn Howard Griffin, Petitioner/ Appellant V. State Of Utah, Respondent/ Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from an order granting summary judgment and denying a petition for postconviction relief, Case No. 170100200, in the First Judicial District Court, Box Elder County, the Honorable Spencer Walsh presiding.

DAVID FERGUSON, Counsel for Appellant

ERIN RILEY, SEAN D. REYES, Counsel for Appellee

Compagni V. Klemesrud : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

ON APPEAL FROM THE FOURTH JUDICIAL DISTRICT COURT THE HONORABLE JARED ELDRIGE

Kristin A. VanOrman Jessica J. Johnston Scarlet R. Smith STRONG & HANNI Attorneys for Defendants/Appellees

Jefferson W. Gross (#8339) Seamus W. Appel (#17783) GROSS & ROONEY Attorneys for Plaintiff/Appellant

Michael Cook An V. Ivins City : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a Final Order of the Fifth Judicial District Court in and for Washington County, State of Utah. Trial Judge Keith C. Barnes

Appeal from a Final Order of the Fifth Judicial District Court in and for Washington County, State of Utah. Trial Judge Keith C. Barnes ATTORNEYS FOR APPELLANTS

ATTORNEYS FOR APPELLEE Justin D. Heideman (USB #8897) Bryan J. Pattison (USB #8766) Justin R. Elswick (USB #9153) BLANCHARD PATTISON LLC HEIDEMAN & ASSOCIATES 50 East 100 South, Suite 101 [email protected] ATTORNEYS FOR INTERVENORS

Stand-Ins: Causes And Consequences Of Temporary Leadership, Anne Joseph O’Connell

BYU Law Review

Hafen Lecture, BYU Law School, September 13, 2023.

2024 Byu Law Review Masthead

BYU Law Review

No abstract provided.

Byu Law School Faculty Listing

BYU Law Review

No abstract provided.

Byu Law Review Subscription Information

BYU Law Review

No abstract provided.

Full Issue

BYU Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

Nil Tampering, Josh Lens

BYU Law Review

The college athletics landscape has experienced several recent dramatic and monumental changes. In 2018, its governing body, the NCAA, implemented the transfer portal to help universities and athletes manage the process by which athletes transfer to another university. In 2021, the NCAA allowed every athlete the freedom to accept compensation in exchange for the use of their name, image, and likeness (“NIL”). Booster collectives quickly formed to facilitate NIL arrangements and now exert significant financial influence in the athlete recruiting and retention process. Tens of thousands of athletes have used the portal since its inception, with many seeking more NIL …

The Eco-Agency Problem And Sustainable Investment, Moran Ofir, Tal Elmakiess

BYU Law Review

In times of heightened environmental consciousness and a global call for urgent action, corporations are playing a critical role in addressing pressing environmental challenges. As concerns about climate change, resource depletion, and ecosystem degradation intensify, businesses are under mounting pressure to align their strategies with sustainable practices. Despite that, there is strong evidence of underinvestment in sustainability and environmental efforts by corporations. In this Article, we first define the eco-agency problem—the special conflict of interest between the corporate officers who focus on short-term profitability and the other stakeholders who seek long-term profitability and sustainability—and then discuss existing coping measures, such …

Understanding Golf’S Civil War: An Antitrust Analysis And Discussion, Emma Hackett

BYU Law Review

For years, professional golf has been ruled by the PGA Tour. But in 2022, the PGA Tour’s monarchy started to crack when LIV Golf, a new Saudi-backed golf league, entered the scene and sued the PGA Tour for antitrust violations. Players and fans had to take sides: the legacy of the PGA Tour or the deep pockets of LIV Golf? The lawsuit resulted in a settlement between the entities, but the complaints exposed dealings engaged in by the PGA Tour that this Note argues are violations of the Sherman Act. Beyond illegality of the Tour’s acts, the dispute between LIV …

Scotus At The Bat: Touching Base With Baseball’S Antitrust Exemption, Porter Y. Schenewark

BYU Law Review

In the longstanding debate surrounding Major League Baseball’s exemption from federal antitrust laws, recent legal developments and Supreme Court dynamics call for a reexamination of the Supreme Court’s 1922 Federal Baseball decision. Drawing parallels between the Court’s landmark decision in Dobbs v. Jackson Women’s Health Organization and the potential reconsideration of Baseball’s exemption, this paper explores the factors at play and the implications for the future of the sport.

Through the Court’s framework of five factors as used in Dobbs, the paper evaluates the nature of the Court’s error, the quality of reasoning, workability, effect on other areas of law, …